TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE
OZI Group Pty Ltd T/A OZICATER STANDARD TERMS & CONDITIONS OF SALE ("this Agreement")
In this Agreement, the "Customer" means any person who places an Order with OZI Group Pty Ltd T/A OZICATER; the "Goods" means any items sold or supplied by OZI Group Pty Ltd T/A OZICATER under an Order; "OZICATER" means OZI GROUP Pty Limited, Trading as OZICATER (ACN 33 158 932 471) of [PO Box 2171, Richmond VIC 3121 Australia]; "Order" means any request or order to purchase the Goods; and the "Parties" refers to the Customer and OZI Group Pty Ltd T/A OZICATER.
1.1 This Agreement is the only form of contract between the Parties. Any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through the OZICATER website or through one of its catalogues, stores or call centres, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties. The only exception to this is previously agreed OZICATER Credit Account terms and conditions which, if conflict arises, takes precedence over this Agreement.
1.2 Any Order is subject to acceptance by OZICATER. OZICATER is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by OZICATER does not in itself constitute acceptance by OZICATER of the Order.
1.3 OZICATER may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the OZICATER website or catalogue.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the OZICATER website at the time of the Order or the OZICATER catalogue from which the Order is placed, provided the catalogue is current at the time of the Order.
2.2 If any Goods are unavailable or out of stock then OZICATER may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
2.3 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that a person over 18 years of age will accept the delivery.
3. Terms of Payment and Payment Methods
3.1 Current prices for Goods are available on the OZICATER website or its latest catalogue. Prices may change from time to time. Occasionally, there may be a difference in price between the OZICATER website and its catalogue. OZICATER is under no obligation to honor a website price if the Order is placed through the catalogue. OZICATER is under no obligation to honor prices advertised in old catalogues. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case OZICATER will be under no obligation to honor the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the OZICATER website or catalogue.
3.5 OZICATER reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 OZICATER’s Price Match applies to any lower published price for a like-for-like product offered on the same terms in Australia. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as OZICATER’s and the competitor must have stock availability at the time of ordering. The price will not be matched where there are 'hidden extras' such as delivery charges. In order to qualify, the price must be published in writing. OZICATER’s Price Match excludes comparing like-for-like products from companies within the OZI GROUP of businesses, brands and/or companies.
4.1 Full delivery prices and options are listed on the OZICATER website or catalogue and are subject to change from time to time.
4.2 Offshore/remote deliveries will attract higher delivery prices and delivery times will be longer, depending on the delivery location.
4.3 OZICATER will use reasonable endeavors to ensure its delivery agents meet delivery estimates. However OZICATER cannot be held liable for any delay in delivery.
4.4 Risk of the goods transfer to the customer at the time of delivery. Title of the goods transfer to the customer when payment has been made in full.
4.5 Goods delivered are used, stored and installed at the Customer's own risk and OZICATER will not be liable for any damage, loss or disruption resulting from this. Where installation/disconnection services have been ordered by the Customer, further charges and/or terms and conditions may apply as communicated by OZICATER to the Customer before delivery.
4.6 All large machinery, refrigeration and flat packed Goods are delivered to kerb-side locations only, unless otherwise agreed upon. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
4.7 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) OZICATER or its agent cannot effect delivery because OZICATER or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided OZICATER with appropriate instructions, documents, licenses or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and OZICATER may store the Goods until actual delivery. In such a case, the Customer will be liable to OZICATER for all related costs, such as re-delivery charges, storage and insurance.
5. Warranties and Returns
5.1 Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable. Those Goods will be flagged accordingly on the OZICATER website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at OZICATER’s discretion.
5.2 Goods that are damaged on delivery must be reported to OZICATER within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing or delivered faulty or defective by OZICATER may be replaced, repaired, refunded or exchanged at OZICATER’s discretion provided OZICATER is informed in writing within 28 days. Certain Goods may be disposed of in accordance with OZICATER safety instructions for replacement, refund or exchange with OZICATER’s prior approval.
5.3 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges. No Goods will be sold on a 'sale or return' basis without the prior written approval of OZICATER.
5.4 Statutory rights for Customers placing Orders under $40,000 as private consumers for personal, domestic or household use (as defined by law) are not affected.
6.1 OZICATER reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 OZICATER reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 OZICATER reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of OZICATER’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 OZICATER reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that OZICATER will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business and/or business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude OZICATER’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by OZICATER on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by OZICATER may be subject to copyright (whether owned by OZICATER or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold OZICATER harmless for any breach of said covenant.